' MUSARRAT HILALI, J.--- Through this petition, the petitioner is aggrieved of act of respondent No,1 whereby she was refused admission in 1st year M.B.B.S. Against the quota reserved for female of backward areas (Upper Dir) and consequently considered respondent No,3 on the same seat to be declared as illegal, without lawful authority and of no legal effect.
2. The petitioner claims to be permanent resident of Village Disakar Bala, P.O. And Tehsil Wari, District Dir Bala. She got her SSC examination from Government Girls High School, Wari and secured 751 marks out of 1050. Thereafter, she did her F.Sc from Board of Intermediate and Secondary Education, Malakand and obtained 849 marks out of 1100. Later on, she secured 448 marks out of 800 in Entry ' Test and applied for admission in M.B.B.S. Against the reserved seat for female of backward areas, Upper Dir. The petitioner scored 65.66 while the respondent No,3 achieved 59.22, therefore, the former succeeded in getting admission in 1st year M.B.B.S. The petitioner relies on a Certificate issued by District Education Officer, Dir Upper which speaks location of her educational institutions.
The same was duly verified by Deputy Commissioner, Dir. However, in the merit list the petitioner was declared ineligible for requisite seat while respondent No,3 was allowed the desired admission on the said quota. The reason behind the refusal for admission was that respondent No,3 lodged a complaint against the petitioner, wherein, it was stated that the petitioner got part of her education from Government Girls High School, Mardan and annexed a Certificate issued by the said institution. Not contented with the act of respondent No,1, the petitioner preferred an application for verification of the Certificate allegedly issued by the said School but to no avail, hence necessitated the filing of instant constitutional petition.
3. The plea of the petitioner is that she got entire education from her home District of domicile and has achieved high merit position as compared to respondent, No,3, therefore, she is entitled for admission against the reserved backward areas (Upper Dir). The petitioner further alleged that the respondent No,1 has not been provided any opportunity of hearing while refusing admission to her, which speaks volume on the part of respondent No,
1. It was claimed that respondent No,3 produced bogus Certificate of one Tasleem daughter of Asfandyar of Mardan District alleged to have been issued by Government Girls High School No,1 Mardan whose date of birth is different than that of petitioner. The said Certificate was allegedly not issued by the said School rather the entire game was played by respondent No,3 in connivance with respondent No,1 to keep the petitioner away from the requisite admission. It was urged that respondent No,1 has illegally deprived the petitioner from admission without holding proper inquiry, which occasioned failure of justice.
4. Learned counsel for respondents 1 and 3 contended that according to final merit list the backward area of Upper Dir for the Sessions 2013-14, fifteen candidates applied for the respective backward areas. He was of the view that as per the said list, the petitioner had scored 65.66% on aggregate and was placed at Sr.No,11 while the merit score of respondent No,3 on aggregate was 59.22%. The latter was placed at Sr.No,13 of the final merit list. Further contended that the petitioner was declared as out candidate on the strength of objection raised by respondent No,3, wherein, it was stated that the petitioner had obtained her middle education in the year, 2007 from Government Girls High School, Mardan No,l. In this respect, the said Institution issued a Certificate, which available on file, hence in this view of the matter the respondents have committed no illegality in the impugned process.
5. Heard. The plea of the petitioner is that she got her education from District Upper Dir and thereafter appeared in the Entry Test and had scored higher marks of 65.66% while respondent No,3 scored 59.22%, therefore, she was wrongly declared as out candidate.
6. The record reveals that the petitioner, got initial education from the area of her Domicile i,e, Upper Dir, however, there is a Certificate issued by Government Girls High School No,1 Mardan which shows that she remained student of 8th class of the said School. The said Certificate prompted respondent No,1 to declare the petitioner as out candidate. On the other hand, respondent No,3 though low in order of merit, however, she got her entire education from Upper Dir District, thus, was rightly considered for admission in 1st year M.B.B.S. On the seat reserved for backward area (Upper Dir). The plea that the Certificate issued by Principal Government Girls High School No,1 Mardan was not probed into is of no help because being factual controversy, the same requires recording of evidence, which is not the domain of this court to enter upon. The petitioner has failed to fulfil the criterion set by respondent No,1, therefore, she was rightly not considered for admission in M.B.B.S. Against the seat reserved for backward area i,e, Upper Dir District.
7. It is, however, to be mentioned here that in the application form the petitioner has only given the option for admission as Fatima Jinnah Medical College while leaving the other three columns blank. Clause 12 of Admission Policy deals with this issue, which reveals that a candidate will give his/her preference in order of priority for the medical/dental colleges in the designated space provided in the Admission Form, which once given shall be final and cannot be changed subsequently. This condition is mandatory and neither any subsequent change is entertainable nor any exceptions will be made.
8. In view of the above, we are of the considered opinion that the respondents have not committed any illegality while declaring the petitioner as out candidate and consequently considered respondent No,3 against the requisite seat, hence no case for interference in constitutional jurisdiction of this court is made out.
' Accordingly, instant petition being devoid of legal merits is dismissed.